Findings - CC - 2007 - PP-02-06 - Brutsman Subd/17 Lot/4.86 Acre/10895 Horseshoe Bend Rd
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A PRELIMINARY PLAT FOR BRUTSMAN )
SUBDIVISION FOR DONNA WESTON )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-02-06
The above-entitled preliminary plat application came before the Eagle City Council for their action on July
10, 2007, at which time public testimony was taken and the public hearing was closed. The Eagle City
Council, having heard and taken oral and written testimony, and having duly considered the matter, makes
the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Donna Weston, represented by Craig McCullough with Doumecq Development, is
requesting preliminary plat approval for Brutsman Subdivision, a 17 lot (12-buildable, 1_
existing, 4-common) residential subdivision. The 4.86-acre site is located approximately
1,200-feet south of Floating Feather Road and on the west side of Horseshoe Bend Road
at 10895 Horseshoe Bend Road.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on February 16,2006. The
application was deemed complete on May 2, 2007.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City Code on May 14,2007. Notice of this public hearing was
mailed to property owners within three-hundred feet (300-feet) of the subject property in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on May 14,2007. The site was posted in accordance with the Eagle City Code on
April 7, 2006. Requests for agencies' reviews were transmitted on May 15, 2007, in
accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on June 25, 2007. Notice of this public hearing was mailed to property owners
within three-hundred feet (300-feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on June 19,2007.
The site was posted in accordance with the Eagle City Code on June 29, 2007.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 12,2003, the Eagle City Council denied an annexation and rezone to R-4 for
this approximate 5-acre parcel (A-I-03/RZ-I-03)
On July 25, 2006, the Eagle City Council approved an annexation and rezone from RUT
(Rural Urban Transition - Ada County Designation) to R-4 (Residential - up to 2.67 units
per acre with a development agreement) with a development agreement (A-3-06/RZ-03-
06).
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E. COMPANION APPLICATIONS: N/A
F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable): N/A
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Four R-4-DA (Residential - up to Vacant
2.67 units per acre with
development agreement)
Proposed No Change No Change Single-Family Residential
(Brutsman Subdivision)
North of site Residential Four R-4-P (Residential - four Single-Family Residential
units per acre-Planned Unit (Shadowview Subdivision)
Development)
South of site Residential Four R-4-P (Residential - four Single-Family Residential
units per acre-Planned Unit (Shadowridge
Development) Subdivision)
East of site Residential Three R2 (Residential-Ada County Horseshoe Bend
Designation) Road/Single-Family
Residential (Brenson
Subdivision)
West of site Residential Four R-4 (Residential - four units State Highway 55/Single-
per acre) Family Residential
(Echohawk Estates
Subdivision)
H. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
I. SITE DATA:
Total Acreage of Site - 4.86-acres
Total Number of Lots - 17
Residential - 13
Common - 4
Total Number of Units - 13
Single-family - 13 (One existing unit)
Total Acreage of Any Out-Parcels - 0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 2.67-dwelling units per acre 2.67-units per acre maximum
Minimum Lot Size 8,000-square feet 8,000-square feet (minimum)
Minimum Lot Width 78- feet 70-feet (minimum)
Minimum Street Frontage 31.27-feet 35-feet (minimum)
Total Acreage of Common Area .64-acres A8-acres (minimum)
Percent of Site as Common Area 13% (.64-acres)* 10% (minimum)
'Note: Does not include planter strips within the public right-of-way.
J. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 8-2A-7 (J) (4) (a) requires a minimum 35-foot wide landscape
buffer area between urban or rural collectors and new residential developments.
Eagle City Code Section 8-2A-7 (1) (4) (c) requires a minimum 75-foot wide landscape
buffer area between principal arterial or freeway/expressway and new residential
developments.
According to the preliminary plat date stamped by the City on May 2, 2002, a seventy five
foot (75') wide landscape buffer is proposed on the west section of the development
adjacent to Highway 55, and a thirty five foot (35') wide landscape buffer area is proposed
on the east section of the property adjacent to Horseshoe Bend road.
Open Space:
Will provide .64-acres (13%) which does not include planter strips within the public right-
of-way.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than] 2 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no) - No
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to
be preserved.
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Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to
be preserved. If during excavation or development of the site, any historical artifacts are
discovered, state law requires immediate notification to the state.
K. STREET DESIGN:
Private or Public Streets:
The applicant has proposed one (I) eight hundred foot (800') long (approximate) public
road (ShadowbluffStreet) that connects from North Shadowridge Avenue within
Shadowview Subdivision to the north to North Shadowhawk Avenue within Shadowridge
Subdivision to the south. Shadowbluff Street is proposed to terminate at the east portion
of the property with a fifty foot (SO') radius cul-de-sac.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than SOO': None
Cul-de-sac Design:
The roadway serving the subdivision is designed with one (I) cul-de-sac that is located
approximately 200-feet from the Shadowridge Subdivision entrance to the south, and
located gOO-feet (approximately) from the Shadowview Subdivision entrance to the north.
The cul-de-sac is designed with a fifty foot (SO') wide radius turnaround.
Sidewalks:
A five foot (S') wide detached concrete sidewalk is proposed on both sides of the
proposed internal road (East Shadowbluff Street) providing pedestrian connectivity to the
adjacent subdivision to the north and south. The portion of the sidewalk along the south
side of the internal road veers from the street and meanders through the proposed open
space. The sidewalk along the southeast portion of the development splits off from the cul-
de-sac and extends along the south boundary of the property connecting to the proposed
sidewalk along North Horseshoe Bend Road.
Curbs and Gutters:
Curbs and gutters, which meet Ada County Highway District standards, are proposed for
the interior streets.
According to the preliminary plat date stamped by the City on May 2,2007, standard
rolled or six inch (6") vertical curb and gutter are proposed to be constructed along all
internal roadways.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning
Administrator prior to the submittal of the final plat. Any modifications made to the
lighting shall be completed before the final plat approval.
Street Names:
Street name approval by the Ada County Street Name Committee has not been received to
date. Approval from that committee is required prior to final plat approval.
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L. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Five-foot (5') wide concrete sidewalks are proposed along both sides of the internal street,
separated from the back of curb by an eight-foot (8') wide landscape strip. A pathway is
proposed through a portion of the open space and along the southern boundary of the
property.
M. PUBLIC USES PROPOSED:
See "Open Space and Design" noted above.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property will be serviced by the Eagle Fire Department and the Eagle Sewer District.
The property is within the Eagle Water Company service area.
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes, adjacent to North Horseshoe Bend Road
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required
R. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report and
is incorporated herein by reference. Comments, which appear to be of special concern, are noted
below:
City Engineer: All comments within the engineer's letters dated March 17, 2006, are of special
concern (incorporated herein by reference).
Central District Health Department
Chevron Pipeline
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
Meridian School District
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S. LETTERS FROM THE PUBLIC (incorporated herein by reference):
Chris Todd stated in correspondence date stamped by the City on June 4, 2007, that the
extension of North Shadowhawk Avenue from Shadow Ridge Subdivision to the South
may create a problem with automobile headlights flashing into the rear of his house. He
suggests planting street trees so as to block the headlight of oncoming cars or to place the
house on Lot 7, Block I, in a manner that will block the headlights.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· The Comprehensive Plan Land Use Map designates this site as Residential Four, suitable
primarily for single-family residential development within an urbanized setting. Residential
density of up to four dwelling units per acre may be considered by the City for this area.
Chapter 4 - Schools, Public Services and Utilities
4.1 Background
Public utilities, facilities, and services are necessary for the overall welfare of the
public and are generally available to Eagle residents. The City and special
districts provide the basic services of water, sewer, school, police, fire and library
to residents. With Eagle's growing population come the need for increased public
services and the necessity to improve existing service delivery systems.
Policies concerning the manner in which public utilities and services are expanded
play an important role in the location and intensity of future housing, commercial
and industrial development. Since the City of Eagle depends on outside
providers, it must be involved in any plans that will affect the community.
4.3 Goal
a. Encourage the provision of public utilities, services, and schools.
c. Maintain a sense of personal safety and security for all residents.
d. Strive to prevent and extinguish fires and aid in other emergencies dealing
with the protection of life or property.
4.4 Objectives
a. To encourage the reduction of overlapping service areas and or illogical
service boundaries. Strive for continued cooperation between service and
utility providers and the City.
c. To strive to prevent criminal activity and reduce the incidence of crime.
d. To encourage a high standard of fire protection and emergency services.
Chapter 8 - Transportation
8.3.0 City of Eagle Functional Pathway Classifications
An effective pathway system should include a combination of Paths and Lanes.
The City of Eagle Transportation/Pathway Network Maps # I and #2 illustrates the
various classifications and locations which are included in the pathway system
and described as follows:
8.3.1 Paths
Location:
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Paths could be located on corridors separated from roadways such as utility
easements, irrigation canals, or adjacent to rivers or creeks. Paths could also be
located along roadway right-of-ways and would usually be separated from vehicle
travel lanes and the paved section of the roadway by a median or sidewalk.
8.6 Implementation Strategies
e. Encourage new development to provide for pedestrian, equestrian, and
bicycle circulation in accordance with the City of Eagle
Transportation/Pathway Network Maps # I and #2, adopted local and regional
pathway plans, as may be needed for intra-neighborhood connectivity and to
ensure that bike and pedestrian traffic is not unnecessarily pushed out onto
arterials and collectors.
m. Establish and require minimum setbacks between developments and
roadways and to encourage installation of benns and landscaping for all
developments to enhance safety and to enrich the roadway and community
appearance.
p. Encourage sidewalks that are separated from the curb on all streets, except for
areas where Eagle City Code requires sidewalks to abut the curb and where
existing buildings, inordinate environmental impacts, or other impacts make
setting the sidewalk back infeasible. Meandering sidewalks should be
required where space penn its. A planter strip of sufficient width for street
trees between the sidewalk and roadway should be required to provide a
canopy effect over the roadways. The type of street trees used should be
those which have root systems that have proven to not cause sidewalk or curb
damage when in close proximity to such improvements.
r. Encourage planning of local roadway systems which will provide for intra-
neighborhood connectivity. The connection roadways should be designed to
not become collectors and to discourage traffic from cutting through
neighborhoods to go from a collector or arterial to another collector or
arterial. Such intra-neighborhood connectivity is for emergency and delivery
vehicles and for local intra-neighborhood access.
Chapter 9 - Parks, Recreation and Open Space
9.5 Pathways and Greenbelts
Pathways are non-motorized multi-use paths that are separate features from
bicycle and pedestrian lanes constructed as a part of a roadway.
9.5.1 Goal
To create a pathway system that provides interconnectivity of schools,
neighborhoods, public buildings, businesses, and parks and special sites.
9.5.2 Objectives
a. To create a pathway system that reflects desire to have a pedestrian and
bicycle friendly community.
b. To provide a network of central and neighborhood paths where residents are
able to safely access and utilize pathways for alternative fonns of
transportation.
e. All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
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k. Link existing isolated pathway segments.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code Section 8-2-4 Schedule of Building Height and Lot Area:
Zoning Maximum rm"'IIR~1'"'"';OC Street Maximum Minimum Lot Area Minimum
District Height Side Side Lot Covered (Acres Or Sq. Ft.) G Lot
And H* Width 1*
IR-4 1135' 1~017.5' 1120' 1140% 118,000 1170'
. Eagle City Code Section 8-2-4(1)
Lot width shall be determined as follows: the distance between side lot lines measured at a
point midway between the front and rear lot lines. Minimum lot frontage, the portion of
a lot front adjacent to a public or private street, for all residential zoning districts
shall be 35 feet.
· Eagle City Code Section 8-2A-6(G)(8)
Bollard style pedestrian lighting shall be required along all pathways not illuminated by
street and/or site lighting.
· Eagle City Code Section 8-2A-7(J)(4)(a)
a. Any road designated as an urban or rural collector on the Ada County long range highway
and street map:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: four
(4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade
tree may be substituted with two (2) flowering/ornamental trees, provided that not more
than fifty percent (50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, benn, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall be
three feet (3') horizontal distance to one foot (I ') vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided
in combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. Chain link, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
· Eagle City Code Section 8-2A-7(1)(4)(c)
c. Any road designated as a principal arterial on the Ada County long range highway and
street map and/or any freeway or expressway:
A minimum of seventy five feet (75') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: six
(6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental trees, and twenty
four (24) shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade
trees are substituted.
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A minimum ten foot (10') high, maximum twelve foot (12') high, benn, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall be
three feet (3') horizontal distance to one foot (I ') vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided,
in combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be pennitted.
· Eagle City Code Section 8-2A-7(J)(5)(a-b)
Common Area Landscapes: New residential subdivision common area landscapes shall be
comprised of the following:
a. Lawn, either seed or sod.
b. A minimum of one deciduous shade tree per one thousand (1,000) square feet.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code Section 9-3-2-2 Street Widths:
A. Street and road right of way widths, grade, alignment, and so forth, shall confonn to
the adopted major street plan or comprehensive plan and shall be approved by the
highway district and/or other agency having jurisdiction.
· Eagle City Code Section 9-3-6 Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and
side lot lines when deemed necessary. Total easement width shall not be less than
twelve feet (12').
B. Unobstructed drainageway easements shall be provided as required by the city council.
· Eagle City Code Section 9-4-1-3
A. Generally:
I. Vertical curbs and gutters shall be constructed on collector and arterial streets.
2. Rolled curbs and gutters shall be required on minor streets.
3. All construction shall be in accordance with the standards and specifications
adopted by the Ada County highway district.
B. Driveways, Curb Cuts: All driveway openings and curbs shall be as specified by
the Ada County highway district or the Idaho transportation department.
· Eagle City Code Section 9-4-1-6(A)
Intent: The placement of pathways is intended to encourage nonmotorized forms of travel,
and to provide safe, convenient and aesthetic alternative travel routes to common
destinations such as schools, parks, shopping centers, etc. The following factors will be
considered in the placement of any pathway: the utility and need for a given pathway,
impacts to existing neighborhoods, compliance with the transportation/pathway network
maps within the comprehensive plan, pathway design as it relates to both crime prevention
and function, and the responsibilities of ownership, maintenance, and liability.
· Eagle City Code Section 9-4-1-6(B)(I )(c-d)
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I. The city shall require the creation and maintenance of pathways, (except in cases
where it is shown to be inappropriate), that provides access to adjacent:
c. Adopted pathway elements within the comprehensive plan and the ridge to rivers
pathway plan;
d. Neighborhoods;
· Eagle City Code Section 9-4-1-6(D)( I ,2,3,&6)
I. The paved portion of the pathway may range from six feet (6') to ten feet (10') in
width. Micropathways within subdivisions which are designed for primary use by the
residences of the subdivision shall be a minimum six feet (6') wide and shall be
located within a sixteen foot (16') wide pedestrian access easement. Regional
pathways such as the Boise River greenbelt and pathways located adjacent to major
roadways shall be a minimum ten feet (10') wide and shall be located within a twenty
foot (20') wide pedestrian access easement.
2. Barriers may be placed at the tenninal ends of paths to restrict use by motor vehicles
while allowing use by bicycles, wheelchairs and other modes of travel.
3. A five foot (5') wide landscaped area/building and fence setback, as measured from
both edges of the paved path, shall be required, and will be owned by either the
abutting property owner(s) or a homeowners' association unless accepted by a public
entity. The five foot (5') wide landscaped area on either side of the pathway may be
decreased to a minimum of two feet (2') wide (as measured from the edge of asphalt to
the easement line) when used in conjunction with a meandering pathway, however,
the total width of the landscape area shall not be less than ten feet (10') (i.e., 2 feet on
one side of the path and 8 feet on the other). For safety purposes, planting material in
this area is limited to three feet (3') in height. The landscape, fence and building
regulations for this area shall be indicated by a note on the plat.
6. In order to design for crime prevention the following design standards will be
followed:
a. The use of "see through" fencing is preferred, as it provides better visibility from
adjacent homes or buildings. If solid fencing is used it may not exceed four feet (4')
in height.
b. Adequate lighting may be provided as detennined by Eagle City Council and may
be owned and maintained by the City of Eagle once the path is turned over to the
City for maintenance.
· Eagle City Code Section 9-4-1-6(F)( 4)
Trees shall be placed at the front of each lot generally located on each side lot line. Minor
variations to the location of a tree may be considered by the design review board during
the review of the subdivision landscape plan.
· Eagle City Code Section 9-4-1-9(A & B)
A. Construction; Extension: All public water supply or sewer systems (serving 2 or more
separate premises or households) shall be constructed in accordance with any adopted
local plans and specifications. All new public water supply or sewer systems shall be
an extension of an existing public system whenever possible. In the event that the
proposed public water supply or sewer system is not an extension of an existing public
system, there shall be a showing by the subdivider that the extension is not feasible
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and not in the best interest of the public.
B. Approval of Plans: All water and sewer plans shall be submitted to the Idaho
department of health and welfare or its authorized agent for approval in accordance
with the provisions of section 50-1326, Idaho Code. (Ord. 88, 11-15-1983)
· Eagle City Code Section 9-4-1-9(C)(2 - 4)
C. Pressurized Irrigation Facilities:
2. The requirement for installation of a pressurized irrigation system may be waived
by the city council when the applicant has established that any of the following
situations exist (the sale or transfer of an existing water right shall not be grounds
for requesting a waiver pursuant to this provision):
a. Where a sufficient surface irrigation water right does not exist for the
property. The lack of surface irrigation water right shall be documented in
writing by the appropriate irrigation district or canal company and the
department of water resources and shall be submitted with the subdivision
preliminary plat. In this case a waiver shall only be granted for that portion of
the subdivision that cannot be served.
b. Where an existing surface water right cannot be delivered to the property by
an irrigation district or canal company due to current delivery capacity or
scheduling. In these situations the city council may still require the installation
of the pressure irrigation system, provided water rights can be made available
to the property and delivery system modifications can be made so irrigation
water can be supplied within two (2) years.
c. Where the applicant has provided for another means of delivery such as flood
irrigation, if approved by the city engineer. The applicant shall present the
proposed alternative delivery system to the city engineer at the time the waiver
is requested.
d. That due to the specific circumstances surrounding a new subdivision, the cost
of obtaining water rights, reestablishing water rights or developing the system
would impose an undue economic hardship on the developer. For purposes of
this section an undue economic hardship shall consist of a showing that the
cost per lot to develop the pressurized irrigation system would be twenty five
percent (25%) higher than the cost per lot for providing a pressurized
irrigation system to subdivisions of similar size and density constructed in the
city within the previous two (2) years; or the cost per lot of the pressurized
irrigation system would exceed five percent (5%) of the expected per lot
market value of the subdivision.
The developer shall bear the burden of providing documentation, acceptable to the
city engineer and city council, demonstrating and supporting the estimated costs
of construction of the pressurized irrigation system, and the cost per lot for
irrigation systems in those subdivisions built in the last two (2) years as noted
above, and the expected market value of the subdivision lots. For phased
developments, costs will be analyzed over all phases of the development rather
than the first phase on Iy.
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3. Should installation of a pressurized irrigation system be waived by the city
engineer, as outlined herein, compliance to Idaho Code 31-3805 is still required.
4. Requests for waivers shall be submitted to the city with the preliminary plat
application and shall be accompanied by an irrigation report, prepared by a
licensed Idaho registered professional engineer, stating the location and
availability of surface irrigation water and documenting the basis for the waiver
request. If applicable, the irrigation report shall be accompanied by a letter from
the irrigation district or canal company stating that water rights and/or a delivery
system are not available to the property. (Ord. 442, 5-13-2003)
· Eagle City Code Section 9-4-1-12
Landscape Buffer Areas:
Landscape buffer areas, in accordance with section 8-2A-7 of this code shall be required
for the protection of residential properties from streets classified as collectors,
arterials, freeways/expressways, waterways, railroad rights of way or other features.
Subdivision plats shall show the location of all buffer areas.
D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSEAL:
2.] The maximum overall density of the property shall not exceed 2.67 units per acre.
2.2 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of
the project. As the Concept Plan evolves, the City understands and agrees that certain
changes in that concept may occur. If the City detennines that any such changes require
additional public comment due to potential impacts on surrounding property or the
community, a public hearing shall be held on any proposed changes in the Concept Plan,
notice shall be provided as may be required by the City.
2.3 The applicant shall obtain a license agreement from ACHD, to allow the right-of-way
between this property and the edge of pavement along Horseshoe Bend Road to be
landscaped prior to the City of Eagle signing the final plat.
2.4 The development shall comply with the Eagle City Code, as it exists in final form at the
time a design review application is made, including compliance with all of the conditions
as provided within this development agreement.
2.5 A letter of approval shall be provided to the City from the Eagle Sewer District indicating
that the property has been annexed into the Eagle Sewer District's service boundaries prior
to the submittal of the preliminary plat. Each lot within the proposed preliminary plat
(subdivision) shall use and be connected to central sewer.
2.6 Letters of approval shall be provided to the City from the Eagle Water Company and the
Department of Environmental Quality (Boise Regional Office) indicating potable water
service has been approved to serve the site prior to the submittal offinal plat application.
Each lot within the proposed preliminary plat (subdivision) shall use and be connected to
Eagle Water Company system.
2.7 Construct a five foot (5') wide detached sidewalk within the right-of-way of Horseshoe
Bend Road prior to the issuance of any occupancy penn its for the site.
2.8 Provide a ten foot (10') wide public access easement for a pathway for the connection of
the internal street (as shown on the concept plan) to Horseshoe Bend Road, prior to the
submittal of a preliminary plat.
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2.9 The developer shall ensure all existing structures (houses, garages, barns etc.) that will
remain on the site comply with the R-4 (Residential) zoning district regulations.
Otherwise, the applicant shall move or remove all structures (houses, barns, etc.) from the
site prior to the City Clerk signing the Final Plat. Demolition penn its shall be obtained
prior to the removal of any said structures.
2.10 The applicant shall provide pressurized irrigation from existing irrigation water rights
historically used on the site. Ifno such irrigation water right existed, evidence of the
irrigation water right history shall be provided to the City to determine what irrigation
source should be used for this development, prior to submittal of the preliminary plat
application.
2.1 ] Applicant shall provide usable open space within the proposed subdivision. The open
space shall include amenities such as play ground equipment, gazebos, benches, seat
walls, walking paths, and landscaping. The landscaping may include shrubs, flower beds,
water features, etc. All landscaping and common area open space, including amenities,
shall be reviewed and approved by the City of Eagle Design Review Board prior to
submittal of a final plat application.
A. DISCUSSION:
· Currently the 4.86 acre site is used for residential and agricultural purposes with a single-
family residential structure located on the east side of the property adjacent to Horseshoe Bend
Road. The applicant is proposing a seventeen (17) lot residential subdivision (twelve (12)
buildable lots, one (1) existing single family dwelling, and four (4) common lots). The
proposed lot sizes comply with the 8,000 square-foot minimum requirements for the R-4 zone.
The subdivision design complies with the technical requirements (or will pursuant to the
conditions outlined herein) of Eagle City Code.
· On July 25, 2006, the Eagle City Council approved an annexation (A-3-06) and rezone with a
development agreement for this site (RZ-03-06).
· On August 12,2003, the Eagle City Council denied an application (A-I-03/RZ-I-03) for an
annexation and rezone to R-4 for this approximate 5-acre parcel (Weston property). The
Council detennined that because the parcel was amid undeveloped properties, the lack of a
master plan for the area diminished the ability of adjacent properties to develop in an
appropriate and consistent manner. The "piecemeal" development of the single property to a
higher density would not be compatible with the existing larger parcels (five-acres in size or
more) and low-density uses in the area, and as such, a more intensive use of this property
would be premature. The Council encouraged property owners in the area to reach a
consensus on the development of the area in order to achieve a neighborhood with a cohesive
character and function upon the combined parcels.
The owners of the property north and south of the Weston property teamed up to create a
master plan for the area; however, the applicant for the subject property chose not to
participate at that time. Instead, the adjacent property owners placed stub streets on the north
and south property lines that would allow the Weston property to provide a continuous
roadway which would provide good traffic circulation and allow them to complete the master
plan for the area. The City Council approved the Shadow Ridge Subdivision PUD (A-3-
04/RZ-3-04/CU-3-04/PPUD-I-04/PP_3_04), with the two stub streets in place, on July 27,
2004.
The Shadow Ridge Subdivision PUD was built in two phases. The final plat (FPUD-5-04 &
FP-7 -04) for the first phase, located south of the Weston property and known as Shadowridge
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Subdivision, was approved by City Council on November 9, 2004. The final plat (FPUD-I-05
& FP-I-05) for phase two, located north of the Weston property and known as Shadowview
Subdivision, was approved by the City Council on March 8, 2005.
· The site is located between two existing subdivisions, Shadowview to the north and
Shadowridge to the south, both of which provide stub street access to the proposed internal
road (East Shadowbluff Street). According to the preliminary plat date stamped by the City on
May 7, 2007, the existing access off of North Horseshoe Bend Road will be removed and the
existing house on Lot 2, Block, will then take access from within subdivision and will front off
of the proposed cul-de-sac.
· According to the preliminary plat date stamped by the City on May 7, 2007, the applicant will
provide a seventy five foot (75') wide buffer along SH 55 to be located within both a fifty foot
(50') wide common lot and a twenty five foot (25') wide easement. The applicant should
provide a landscape plan showing the twenty five foot (25') easement portion of the seventy
five foot (75') buffer area adjacent to SH 55 to be sloped and landscaped as required by Eagle
City Code. The landscape plan should be reviewed and approved by the Design Review
Board prior to the submittal of final a plat application.
· The preliminary plat date stamped by the City on May 2, 2007, shows the existing house to
have street frontage onto East Shadowbluff Street via a lIS-foot long (approximately) and
thirty one foot (31') wide driveway. Eagle City Code requires that all buildable lots adjacent to
a public right-of-way have thirty five foot (35') minimum street frontage. Staff suggests that
the applicant merge the lot lines for Lots 3 and 4, Block I, together and then create a twelve
foot (12') easement for a driveway access to Lot 2, Block 1. This adjustment will also allow
for more room for building setbacks on Lot 4, Block I. The applicant should provide a
revised preliminary plat that shows the lot lines for Lots 3 and 4, Block I, to be merged and a
twelve foot (12') easement for a driveway access to Lot 2, Block 1. The revised preliminary
plat should be reviewed and approved by staff prior to the submittal of final a plat application.
· According to the preliminary plat date stamped by the City on May 2, 2007, Lot 4, Block 1
and Lot 5, Block I, appear to be positioned in a manner that will not allow the required
building setbacks to be met. The applicant should provide a revised preliminary plat that
shows building pads to be placed on all of the lots, and shown to be in compliance with the
City's setback requirements for the R-4 Zone. The revised preliminary plat should be reviewed
and approved by staff prior to the submittal of final a plat application.
· According to the preliminary plat date stamped by the City on May 2, 2007, a street section is
displayed that shows five foot (5') detached sidewalks along both sides of the proposed East
Shadowbluff Street. However, as the street continues south from Shadowview Subdivision
and curves to the east, the proposed sidewalk further separates from the street and meanders as
a pathway through the proposed open space. The sidewalk should continue adjacent to the
street and should not meander off into the proposed open space. This will be in compliance
with ACHD regulations and allow for more active use of the proposed open space. The
applicant should provide a revised preliminary plat that shows the sidewalk adjacent to the
south side of the internal street to be separated no more than eight feet (8') from the street,
prior to the submittal of a final plat application.
· According to the preliminary plat date stamped by the City on May 2, 2007, a pathway extends
along the south boundary of Lot 3, Block I and Lot 2, Block I, and connects to the sidewalk
adjacent to North Horseshoe Bend Road. A revised preliminary plat should be provided that
contains a plat note specifYing that a ten foot (10') wide easement for a six foot (6') wide
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paved pathway will extend along the southern boundary of Lot 3, Block 1, and Lot 2, Block I.
The revised preliminary plat should be reviewed and approved by staff prior to the submittal
of final a plat application.
· The proposed development is within the Eagle Water Company service area. Due to concerns
about level of service and under the recommendation of the Department of Environmental
Quality (DEQ) the City has placed a moratorium on all development projects within the Eagle
Water Company's service area until adequate levels of service can be guaranteed. The
applicant should submit letters from the Eagle Water Company and the Department of
Environmental Quality (Boise Regional Office) indicating that water has been approved to
serve the site, prior to the submittal of final a plat application.
· The applicant has requested a waiver of the condition that requires a pressurized irrigation
system to provide water to all lots within this development. This has been requested due to the
site having no associated water rights and that the nearby Farmers Union Ditch Company has
never supplied irrigation water to the site. In a letter from Sunrise Engineering date stamped
by the City on February 16, 2006, it is stated that the property has no associated water rights
through the Fanners Union Ditch Company and that water has never been supplied to the site
by the Farmers Union Ditch Company. In a letter from the City Engineer date stamped by the
City on May 25, 2007, it is stated that a waiver may be appropriate for this development.
STAFF RECOMMENDED FINDINGS:
· Preliminary Plat: With regard to Eagle City Code 9-2-3 (D)(3)(a) "Action by the
Commission and Council", and based upon the infonnation provided to staff to date. staff
believes that the proposed preliminary plat is in accordance with the City of Eagle Code
because:
1. The subdivision will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan and/or Eagle City
Code Title 9, as shown within the findings provided within this document and the
proposed residential use is in accordance with the residential land use designation of
this area shown within the Comprehensive Plan;
2. The subdivision will be served adequately by essential public facilities such as streets,
police and fire protection, schools, drainage structures, refuse disposal, and sewer; or
that the persons or agencies responsible for the establishment of the proposed use shall
be able to provide adequately any such services, as noted in the documentation
provided from said agencies and as required as a part of the conditions of approval;
3. That there are no known capital improvement programs for which this development
would prevent continuity;
4. That based upon agency verification and additional written comments of the Eagle
Fire District and Eagle Sewer District, as conditioned herein, there is adequate public
financial capability to support the proposed development;
5. That any health, safety and environmental problems that were brought to the
Commission and Council's attention have been adequately addressed by the applicant
or will be conditions of approval as set forth within the conditions of approval herein.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested annexation,
rezone, and preliminary plat with the conditions as provided within the staff report.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
June 4, 2007, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission from no one (not including the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by no one.
COMMISSION DECISION:
The Commission voted 4-0 (Felix absent) to recommend approval of PP-02-06 for a preliminary
plat for Brutsman Subdivision with the staff recommended site specific conditions of approval and
standard condition shown herein (following the conditions to be placed in a development
agreement) with underline text to be added by the Commission.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on July 10,2007, at
which time testimony was taken and the public hearing was closed. The City Council
made their decision at that time.
B. Oral testimony in favor of this proposal was presented to the City Council by no one (not
including the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
COUNCIL DECISION
The City Council voted 3 to 0 (Nordstrom absent) to approve PP-02-06 for a preliminary plat for
Brutsman Subdivision, for Donna Weston, with the following Planning and Zoning Commission
recommended site specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Comply with all conditions within the development agreement for rezone application RZ-03-06.
2. Comply with all site specific conditions provided within the City Engineer's letter dated May 25,
2007.
3. Provide a revised preliminary plat that shows the sidewalk adjacent to the south side of the
proposed internal street to be separated no more than eight feet (8') from the street, prior to the
submittal of a final plat application.
4. Provide a revised preliminary plat that contains a plat note specifying that a ten foot (10') wide
easement for a six foot (6') wide paved pathway will extend along the southern boundary of Lot 3,
Block I and Lot 2, Block I. The revised preliminary plat shall be reviewed and approved by staff
prior to the submittal of a final plat application.
5. Provide a revised preliminary plat that shows the lot lines for Lots 3 and 4, Block I, to be merged
and a twelve foot (12') easement for a driveway access to Lot 2, Block I. The revised preliminary
plat shall be reviewed and approved by staff prior to the submittal of final a plat application.
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6. The applicant shall provide a revised preliminary plat that shows building pads placed on all of the
lots and in compliance will the City's setback requirements. The revised preliminary plat shall be
reviewed and approved by staff prior to the submittal of final a plat application.
7. The applicant shall submit payment to the City for all outstanding Engineering fees incurred for
reviewing this project, prior to the City Clerk signing the final plat.
8. The applicant shall submit letters from the Eagle Water Company and the Department of
Environmental Quality (Boise Regional Office) indicating water has been approved to serve the
site, prior to the submittal of a final plat application.
9. Provide a landscape plan showing the twenty five foot (25') wide easement portion of the seventy
five foot (75') wide buffer area adjacent to SH 55 to be sloped and landscaped as required by
Eagle City Code. The landscape plan shall be reviewed and approved by the Design Review
Board prior to the submittal of a final plat application.
10. Place a note on the final plat stating that direct access to State Highway 55 is prohibited.
II. The applicant's properties shall be annexed into the Eagle Sewer District's service boundaries and
shall comply with all applicable Eagle Sewer District regulations and conditions prior to the
submittal of a final plat application
12. Comply with all conditions provided within the Eagle Fire District letter dated, February 24,2006.
13. The applicant shall submit a design review application including, but not limited to: 1) any
proposed subdivision signage, 2) planting details within the proposed and required landscape
islands, planter stripes, and all common areas throughout the subdivision, 3) useable amenities
such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar
amenities, 4) all construction details of the 5-foot wide sidewalks within the development (i.e.
width, specific location, and surface material) 5) detailed building elevations of any structures
proposed to house the pressurized irrigation pump. The design review application shall be
reviewed and approved by the Design Review Board and City Council prior to the submittal of a
final plat application.
14. The applicant shall submit a design review application and landscape plan showing any fencing (if
proposed), trees, landscaping, berming, and planting details within the required seventy-five foot
(75') wide buffer area along State Highway 55 abutting this site and within the required thirty-five
foot (35') wide buffer area along Horseshoe Bend Road abutting this site. The design and
materials of the buffer areas shall be compatible with the existing buffers areas found within the
adjacent Shadowview Subdivision to the north and the adjacent Shadowridge subdivision to the
south. The design review application shall be reviewed and approved by the Design Review
Board prior to the submittal of final plat application.
15. The applicant shall provide 3-inch minimum caliper shade-class trees (to be reviewed and
approved by the Design Review Board) along both sides of the street within this development.
Trees shall be placed at the front of each lot on the side lot lines, or as approved by the Design
Review Board. The trees shall be located in the 8-foot wide landscape strip between the 5-foot
wide concrete sidewalk and the curb. Prior to the City Clerk signing the final plat, the applicant
shall either install the required trees, sod, and irrigation or provide the City with a letter of credit
for 150% of the cost of the installation of all landscape and irrigation improvements within the 5-
foot wide landscape strip. Trees shall be installed prior to obtaining any occupancy permits for the
homes. A temporary occupancy may be issued if weather does not pennit landscaping.
16. All living trees that do not encroach upon the buildable area on any lot shall be preserved, or as
otherwise detennined by the City Forester. A detailed landscape plan showing how the trees will
be integrated into the open space areas or private lots (unless approved for removal by the City
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Forester and the Design Review Board) shall be provided for Design Review Board approval prior
to the submittal of a final plat application.
17. The applicant shall have an on-site meeting with the City Forester to survey all existing trees.
Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City
Forester's direction) to protect all trees that are to be preserved, prior to the submittal of a final plat
application.
18. The entire Brutsman Subdivision development shall remain under the control of one Homeowners
Association. The applicant shall provide a copy of the CC&Rs for review and approval by the
City Attorney, prior to the submittal of a final plat application.
19. Provide a provision within the CC&R's stating: Government Rules and Ordinances. In the event
any of these CC&R's are less restrictive than any government rules, regulations or ordinances,
then the more restrictive government rule, regulation or ordinances shall apply. These CC&R's are
subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the
event a governmental rule, regulation, law or ordinance would render a part of these CC&R's
unlawful, then in such event that portion shall be deemed to be amended to comply with the
applicable rule, regulation, law or ordinance. The CC&R's shall be reviewed and approved by the
City Attorney, prior to the submittal of a final plat application.
20. Place a note on the final plat that all common lots are to be owned and maintained by the
Brutsman Homeowner's Association. The applicant shall provide a copy of the CC&Rs which
include a similar statement stating that the association shall have the duty to maintain and operate
all of the common landscape areas and sidewalks in the subdivision in a competent and attractive
manner, including the watering, mowing, fertilizing and caring for shrubs and trees, in accordance
with Eagle City Code, in perpetuity. The CC&R's shall be reviewed and approved by the City
Attorney, prior to the submittal of a final plat application.
2] . The CC&Rs for the Brutsman Homeowner's Association shall provide that the storage of any type
of trailers, campers, recreational vehicles and equipment, watercraft and the like shall only be
stored in an enclosed garage, or within the side lot area screened by a fence, upon each Lot. The
CC&R's shall be reviewed and approved by the City Attorney, prior to the submittal of a final plat
application.
22. Provide a revised preliminary plat showing the inclusion of a landscape island, including vertical
curb and gutter, in the cul-de-sac located at the terminus of East Shadowbluff Street within the
development, prior to submitting a final plat. The landscaping within the island shall be reviewed
and approved by the Design Review Board prior to the submittal of a final plat application.
23. Submit cut sheets showing street lighting details for review and approval by the Zoning
Administrator prior to the submittal of the final plat. The plans shall show how the streetlights
will facilitate the "Dark Sky" concept of lighting.
24. Take care to locate and protect from damage existing utilities, pipelines and similar structures.
Documentation indicating that "Digline" has perfonned an inspection of the site shall be submitted
prior to the issuance of any building permits for the site.
25. Install at the existing stub street entrances to Shadowview and Shadowridge Subdivision 4' x 4'
plywood or other hard surface signs (mounted on two 4"x 4" posts with the bottom of the signs
being a minimum of 3-feet above the ground) noticing the contractors to clean up daily, no loud
music, and no dogs off leash. The signs shall be installed prior to the issuance of a building
penn it.
26. Any overhead utilities serving the site shall be located underground.
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27. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Fann Act.
28. Any non-potable connections to the potable water system shall comply with the Department of
Environmental Quality requirements, such as backflow prevention devices etc.
29. If feasible, construction traffic associated with this development will use the existing access off of
North Horseshoe Bend Road.
STANDARD CONDITIONS OF APPROVAL:
I. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (I.c. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20-8.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transfen-ed from said lands by the owner thereof; or the subdivider shall provide for underground
title or other like satisfactory underground conduit to pennit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certitying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
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performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
II. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(I) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial,
Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building pennit.
15. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
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approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
16. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
17. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
20. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to approval of the final plat
by the City Engineer.
24. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
25. Basements in homes in the flood plain are prohibited.
26. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
27. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of the City of Eagle. The burden shall be upon the applicant to obtain written
confinnation of any change from the City of Eagle.
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28. No public board, agency, commISSion, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of ] 50% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
30. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
31. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on May 2,2007.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on May 14, 2007. Notice of this public hearing was mailed to property owners within three-
hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on May 14,2007. The site was posted in accordance
with the Eagle City Code on April 7, 2006. Requests for agencies' reviews were transmitted on May
15,2007, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on June 25, 2007.
Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the
subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle
City Code on June 19,2007. The site was posted in accordance with the Eagle City Code on June 13.
2007.
3. The City Council reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-02-06) and based upon the information provided concludes that the proposed preliminary plat
application is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The requested preliminary plat complies with the density of the approved zoning designation
of R-4-DA (Residential, 2.67 units per acre with a development agreement); and
b. Will be hannonious with and in accordance with the general objectives of Title 9 of the Eagle
City Code since the development is consistent with the Comprehensive Plan and will provide
the required improvements for a subdivision; and
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c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such use
will not change the essential character of the same area since this property will be developed in
a similar manner to adjacent subdivisions; and
d. Will not create excessive additional requirements at public cost for facilities and services as
the site will be served by central sewer from the Eagle Sewer District and will use public water
to be served from Eagle Water Company. Eagle Water Company is currently under a
moratorium by the City. This development will not be allowed to proceed with the final plat
process until such a time that the moratorium is lifted. Fire protection will be available from
the Eagle Fire District and fire hydrants will be provided where required; and
e. Will have vehicular approaches to the property designed to not create an interference with
traffic on surrounding public thoroughfares since the project is reviewed and approved by the
highway district having jurisdiction and is subject to the conditions therein; and
f. This development is in continuity with the capital improvement program since the required
public improvements have been installed on site, or are expected to be installed with the
development of individual lots as conditions of approval; and
g. That based upon agency verification and additional written comments of the Eagle Fire
Department and the Ada County Highway District, or as conditioned herein, there is adequate
public financial capability to support the proposed development; and
h. That any health, safety and environmental problems that were brought to the Commission's
and Council's attention have been adequately addressed by the applicant or will be conditions
of preliminary and/or final plat approval as set forth within the conditions of approval above.
DATED this 24th day of July 2007.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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